Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1887-08-13
TRIAL BY JURY.
When h System Was I~naugurated And
in What CountrIea II Ia In Use.


when the System Was ~Inaugurated and
in h Countries 1t Is In Use.
1t Is generally understood that the
form of trial by jury is derived from
the Greeks and Romans. In the an
cient city of Athens u number of free
men of the city were appointed, usually
several thousands, from whom were
selected by lot a certain number for
every case to be tried at law, to hear
and determine the questions that might
arise in the case, under the direction
of n presiding magistrate, In Rome a
similar system was adopted. There,
the complainant in the case came be-
fore the prntor and stated his griev-
ance; the defendant made reply, and
the prTtor then referred the case to
the judiceS to determine the facts. No
specific number of these judices was
required. The Romans always intro
duced their laws and institutions into
all OF their provinces, and there is
evidence that their mode of judicial
procedure was established among the
BritonS. The SaXons had another
form, called the trial by co%mpurgation.
In this each party to Il suit appeared
with certain of his friends, and they
swore with him to the justice of his
case. Usually the number of COM
purgators was six ON each side and 1t
is supposed that the number of the
Jury was thus fixed at twelve. But
the NormanS had Il form of trial by
jury, SO much more like that of mod
ern times than any legal usage of the
SaXonS, that historians ascribe the or
igin Of the institution as found in
England to the establishment of Nor
man law by William the C%onqueror.
That the Saxon trial by compurgation
was in a measure grated upon the
Norman usage is shown by the fact
that jurors were originally chosen from
those who had personal knowledge of
Il case, and they rendered their verdict
according to their personal knowledge.
Witnesses were first brought in TO aid
the jury during the reign of Henry
Ill. But not until the reign of Queen
Anne was it distinctly provided by law
that those who had evidence to give,
must be sworn as witnesses and could
not serve as iuro:s. From England
the form of trial by jury was brought
to this country by the colonists
and cherished ms one of their most
valued institutions. 1t was in general
use during the colonial period and is
protected by mention in the Federal
constitution and in the constitution Of
most States. In Scotland the Jury
seems to have been established at u
very early date. but it was soon after
discontinued in civil cases, The Scotch
jury has always consisted of iif-
teen, a majority of whom may render
Il verdict. The jury in civil cases was
r~cintroduccd into the country in the
time of George Ill. Nine of the twelve
Jurors may there render a verdict, and
if the majority can not agree upon a
verdict in six hours they are dis
charged. In Ireland the jury is sub
stantially the same as in England, but
the rcprcssion-of-crimc bill passed in
1882 provided by q trial of certain
cases without %iurics. In France trial
by jury in all criminal cases was cstab-
lishcd in 1870, but now Il jury is not
granted except in cases of felony. A
majority Of the jurors can render a YER
dict. There is no grand jury, and civil
eases are not tried before 4 Jury at
all. In Germany trial 10y jury in Grim
inal cases was introduced early in the
century. 1t was established in Prussia
in 1919, and again by the constitution
of 1913, but political oflcnses were
withdrawn from its operation in 1851.
The system was also adopted by Ba-
varia and Hessc in 1913, by Wurtem-
burg and Baden in 1919, and by Austria
in 1880. In Belgium the jury has en-
listed since the country separated from
Holland, and includes within its opera
tons political o%tlcnscs and those of the
press. In Switzerland all crimes against
the confederation are to be tried bv
jury, and for other crimes each canton
has its own machinery, The jury is
of course established in all the colonies
of Great Britain. 1t is also in use in
the South American republics. 1t was
introduced into Greece in 1884, and
was established in Portugal in 1897.
1t has also been introduced in recent
times into Italy, into Brazil and finally
into Russia, where the first trial by
jury was held August s, 1856, and in
each of these last named countries It
verdict can be rendered by the major
ity. In countries where trial by jury
does not exist the Judge both decides
the case and awards the punishment
TOIfdD RIn1e.